After a car accident in Michigan, you may discover that your no-fault insurance does not cover all the damage to your vehicle. Even when another driver caused the crash, you could be left paying a collision deductible or repair expenses.
Michigan’s mini-tort law provides a way to recover some of those costs from an at-fault driver.
Under Michigan law, a mini-tort claim can provide up to $3,000 for qualifying vehicle damage that is not covered by insurance. However, the amount you can recover depends on fault, your insurance coverage, and your actual losses.
What Is Michigan’s Mini-Tort Law?
Michigan’s mini-tort law is an exception to the state’s no-fault automobile insurance system.
Under Michigan Compiled Laws § 500.3135(3)(e), a driver may be held liable for up to $3,000 in certain uninsured vehicle damage arising from a motor vehicle accident.
The law primarily addresses damage to a vehicle, rather than bodily injuries.
For example, if another driver causes an accident and your collision insurance requires you to pay a $1,000 deductible, a mini-tort claim may allow you to recover that expense.
If you don’t carry collision coverage, the law may also help you recover some qualifying out-of-pocket repair costs.
How Much Can You Recover Through a Mini-Tort Claim?
The maximum mini-tort recovery for accidents occurring on or after July 1, 2020, is $3,000.
However, $3,000 is a limit, not an automatic payment.
Your recovery generally cannot exceed the amount of qualifying vehicle damage that remains uninsured.
Consider these examples:
- $1,000 deductible: If another driver is entirely responsible, you may be able to recover the $1,000 deductible.
- $4,500 in uninsured repairs: Your mini-tort recovery may be limited to $3,000.
- $600 in qualifying uninsured damage: You generally cannot recover more than the actual $600 loss.
The amount may also be reduced if you share responsibility for the accident.
Does Fault Matter in a Mini-Tort Claim?
Yes. Unlike Michigan’s personal injury protection benefits, mini-tort recovery depends on fault.
The other driver must be legally responsible for the collision, at least in part.
Michigan’s comparative fault rules can reduce the amount recovered according to the other driver’s percentage of responsibility.
For example, suppose your qualifying uninsured vehicle damage is $2,000, and the other driver is 75% at fault.
Your potential mini-tort recovery would generally be $1,500.
Police reports, photographs, witness statements, and other accident evidence can help establish responsibility.
An insurance company’s initial fault assessment is not necessarily the final word.
What If the At-Fault Driver Has No Insurance?
Michigan drivers can purchase limited property damage liability coverage, which generally protects qualifying mini-tort claims.
If the at-fault driver has applicable coverage, their insurer may handle the claim.
If the driver is uninsured or lacks applicable coverage, you may need to pursue recovery directly from that person.
However, obtaining a judgment does not guarantee that the driver has the financial resources to pay it.
Your own collision coverage may therefore remain an important source of protection.
Can You Recover for Injuries Through Mini-Tort?
No. Mini-tort is intended for qualifying vehicle damage, not medical expenses, lost wages, or pain and suffering.
Injury-related losses are addressed through Michigan’s no-fault benefits and, when the legal requirements are satisfied, a separate liability claim.
For example, a person with a serious impairment of body function may have a potential claim for noneconomic damages under MCL § 500.3135.
Those claims involve different rules from mini-tort vehicle damage recovery.
How Do You File a Mini-Tort Claim?
Begin by documenting the collision and determining which repair expenses your insurance will not cover.
Obtain repair estimates, photographs, the police report when available, and information about the other driver’s insurance.
You may then submit a mini-tort demand to the responsible driver’s insurer or pursue other appropriate legal procedures if the claim remains unresolved.
Michigan’s general three-year limitations period for many property damage claims may apply, but the correct deadline depends on the circumstances and legal basis of the claim.
Seeking Legal Guidance
Duff Law can help Michigan drivers evaluate accident-related property damage, understand available insurance benefits, and determine whether a mini-tort or another claim is appropriate.